Kensington Swan's view on aspects of the construction industry

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Monthly Archives: February 2017

NBR reports that Carter Holt Harvey has issued third party claims against 47 local body councils, alleging breach of duty in the building consent process. The Ministry of Education is suing Carter Holt Harvey in negligence, claiming its Shadowclad plywood cladding product is inherently defective, and has contributed to weathertightness problems in hundreds of school…

Over a year ago, we reported on a High Court case that provided valuable lessons around contract documentation, valid payment claims and the threshold for summary judgment. The case, CJ Parker Construction Ltd v Ketan [2015] NZHC 2421 revolved around whether CJ Parker had served a valid payment claim on Ketan. The High Court decided…

Over recent weeks there have been two articles in relation to prefab/modular construction. The first is a positive one about the increasing use of shipping containers as housing and retail options, much to the delight of container companies like royal Wolf (article here). The second is a less positive piece on the collapse of ABT…

In response to recent earthquakes, the government has responded with legislation aimed at improving New Zealand’s resilience. Hon Dr Nick Smith highlights a key component of the strategy being the development of ‘suitable regulatory requirements for identifying and upgrading those older buildings that are significantly below today’s requirements for seismic resistance’. The Building (Earthquake-prone Buildings)…

In March 2016, 18 people were injured when a balcony gave way at a student flat in Dunedin. The collapse occurred during a free, impromptu concert put on by Six60, a former Dunedin band who until recently played annually at their Castle Street flat in homage to their student origins. Unfortunately, along with five…

In February 2016, the world’s first full scale temporary working replica of the second Globe, the theatre Shakespeare and his company built to stage his plays, popped up in Auckland and created quite a sensation. The 2016 season ran for 12 weeks with 128 performances and sold over 100,000 tickets. It was extended twice due…

A contractor has successfully appealed against elements of a negligence award against them for their work on a leaky apartment building in Auckland in the recent Court of Appeal case of Andrews Property Services Limited v Body Corporate 160361 [2016] NZCA 644. In a 2015 High Court decision (Body Corporate 160361 v BC 2004 Limited…